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Whistleblower to face hearing

Nov 27, 2009 3:21 PM | By Sapa

An urgent application to halt a disciplinary hearing against a Limpopo municipal employee and whistleblower was dismissed by the Johannesburg Labour Court.


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Photograph by: Matthias Schrader
Credit: AP

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"I do not believe this matter is sufficiently urgent," Acting Judge Karen Fulton said.

The employee, Patrick Ashane, was embroiled in a revelation that a fellow employee allegedly stole municipal airtime to win a competition for a BMW.

Ashane wrote to finance Minister Pravin Gordhan in September requesting an audit of the Sekhukhune municipality's finances after the BMW allegations surfaced.

Ashane was represented by the Open Democracy Advice Centre who attempted to halt the disciplinary hearing against him scheduled for Monday.

The municipality suspended Ashane and accused him of bringing it into disrepute because of claims he made on SABC radio about the BMW competition.

Fulton declined to argue the merits of the case and dealt with its "urgency".

he matter began when an employee spent over R200,000 of the municipality's money on a Vodacom competition with a BMW as a prize.

The employee won the BMW by allegedly using a stolen municipal 3G card to enter. The BMW has since been placed in a municipal pound while the employee faces criminal charges.

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Comments

Nov 27 2009 03:36:13 PM
nxila@thepub_with Schabir
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"employee spent over R200,000 of the municipality's money on a Vodacom competition with a BMW as a prize."

wow, R200 000 on sms to vodacom's illegal lottery?

Government is rotten from the prez to the municipal employee
Nov 27 2009 03:49:09 PM
Mommacyndi
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No good deed goes unpunished.
How do these people think?
Nov 27 2009 03:49:13 PM
Dukeboy
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Now this is where the judiciary needs its ar$e kicked. Transformation in this regard is long overdue.

This woman has cost everybody money by refusing to hear this matter. It was scheduled, the court was booked, she was present, counsel was present - and then on a pathetic and pifling premise she won't hear the matter.

So now all this crap has to go to a hearing, then the CCMA and then to labour court.

One would have thought that the courts, as the referee for citizens rights, would have taken into consideration the fact that the whistleblower was doing the right thing for the municipality, for ratepayers and for society.

One would have thought the courts would have gone the extra mile for someone like this.

ONE WOULD BE WRONG.

Nov 27 2009 04:13:46 PM
MikeC
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@Dukeboy

And without any further information in this report, we are left wondering what the reasons were for her to "not believe this matter is sufficiently urgent", nor why she refused to hear anything on the merits of the case. If indeed there WERE any reasons other than wanting to go home early.
Nov 27 2009 04:32:55 PM
Concerned-R
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As mentioned, No good deed goes unpunished.
Having raised a number of PFMA (Financial Abuse Issues) within one of our infamous para-statals, I would not recommend this course of action. Confidentiality is highly suspect, and within our racially charged management environments, OBJECTIVITY is lost. For my own sanity, I have opted to take a back seat and let them get on with it.
Nov 27 2009 04:45:46 PM
Concerned-R
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I lament the demise of watch-dog bodies.
Intelligent people would think that All 3 tiers of government
would welcome mechanisms to protect Public Funds, even if you didn’t
contribute towards them, you are likely to be a major recipient of the “service/House..Etc..”.
So why shoot the messenger. This logic escapes me!!!!!
Nov 27 2009 05:17:00 PM
ShoeLace
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I'ma play the devil's advocate a bit here:

The car has already been put in the pound, and the stupid thief (thanks to Karma) suspended from work (hopefully awaiting a hearing which will decide he/she pays the money back)

Why waste the time of the judiciary on this???

The only unfairness, which can be dealt with through the labor union, is the dismissal of the whistle blower.

In any case, the sucker should have not gone public about the matter when there are communication channels he/she could have followed.
Nov 27 2009 06:55:52 PM
mameim
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Maybe the magistrate was the one benefitting from the competition?
No difference between this case and dozens of others - if you attempt to do the correct thing you will be hounded out of your job. If you are as corrupt as the pres and most of the ministers and ANC MPs you are safe, safe, safe. That's what the law teaches us now.
Nov 27 2009 07:49:28 PM
Dukeboy
user name
Nov 27 2009 05:17:00 PM
ShoeLace
Why waste the time of the judiciary on this???


Er, because the thieving k....r walks and the concerned and responsible citizen gets penalised.

This white brain of mine tells me that's not only fair - but necessary.
Nov 27 2009 08:34:55 PM
ShoeLace
user name
This white brain of mine tells me that's not only fair - but necessary.

_____________

Well, all those who think (with a grey brain) can now see why common sense is not so common for you


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